UTTAM KUMAR TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) with case No.S.T 14 (Type-1) of 2021. By the judgment, the Learned Trial Court has found the appellant to be guilty under Sec. 325 of IPC and also sentenced him to suffer R.I. for 03 (Three) years and to pay a fine of Rs.8,000.00 (eight thousand) I.D. to suffer R.I. for 2(two) months.

(2.) Heard Learned Counsel, Mr. A. Acharjee, assisted by Ms. S. Sarkar and also heard Learned Additional P.P., S. Ghosh representing the State-respondent.

(3.) Before entering into the merit of the appeal, let us discuss about the subject matter of the prosecution before the Learned Trial Court. In this case, the prosecution was set into motion on the basis of an FIR laid by one Dhanuram Tripura, being the husband of the victim alleging inter alia that on 14/5/2020, Thursday, at about 7 O' clock in the morning, the wife of his younger brother i.e. the victim had gone to rubber garden to collect rubber latex. At that time, the accused, Uttam Kumar Tripura, son of Chaitramohan Tripura seeing the victim, entered into the rubber plantation and tried to commit rape upon her. As he failed to commit rape, then the accused in order to kill her, hit her head strongly, twisted her throat and also had broken her right hand. The accused thought that the victim might have died and left her there and returned back to home. That time the victim slowly raised her alarm, when her younger daughter, who had gone to the nearby forest of the rubber garden, ran to her mother and thereafter, at about 10 O' clock in the morning, her husband and mother-in-law went to the place of occurrence and brought the victim to Shibpur bazaar from there and there she was enquired the matter when on enquiry, she replied that the accused-appellant Sri. Uttam Kumar Tripura tried to commit rape upon her, hit her on her neck and also twisted her neck. It was further submitted that the victim was admitted to G.B.P hospital. Hence, he laid the FIR. On receipt of FIR, OC, Belonia Women P.S. registered Belonia Women P.S. case No.21/20 under Sec. 376/511/307 of IPC and the OC of the said P.S. herself took up investigation of the case and after completion of investigation, being prima facie satisfied, she laid charge- sheet to the jurisdictional Court. On commitment, the case came to the Court of Learned Sessions Judge, South Tripura, Belonia, who after hearing both the sides on 7/7/2021 framed charge against the accused-appellant under Sec. 371 read with Sec. 511/325/307 of IPC and the same was explained to the accused-appellant to which he pleaded not to be guilty and claimed to be tried.